The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-09-15
SPIES MUST SWING
Which Others Of His Brother
Bomb ThrOWerS.
THE DECISION OF THE COURT.
An Effort to be Made for an Appeal
to q Higher COurt-General
News Notes,
The Anarchists Must Swing.

OTTAWA, September 1.-THE Supreme
Court this morning delivered an opin
ion in the Anarchist case, affirming the
Judgment of the court below. The exc
cutiou is to take place on November
18th, between 8 and 4 o'clock.
The opinion was by Magruder. In
this court The judgment of the court be-
low is affirmed as to all and each and
every one of the defendants. An
opinion has been prepared setting forth
the reasons of the affirmation OF the
Judgment. The opinion is now handed
TO the clerk to be filed. Judge Sheidon
announced that he concurred IN the
opinion. Sheldon said: I'm this case
the court orders that the sentence OF
the superior court of Cook County, of
the defendants in the indictment, Au-
gust Spies, Samuel Fielden, R. Parsons,
AdoInh Fischer and Engel Louis Ling
be carried into eject by the sheriff OF
the county On the 18th day OF November
next. on Friday, between the hours OF
1Oo'cIock in the forenoon and O'Clock
on the afternoon of that day. The
Judgment of the court was unanimous.
The opinion was written by Judge
Magruder. of the Chicago District, and
is an able exposition of the law and
previous interpretations thereof by
iurists in this country as well as OF
courts bearing upon the alleged and
perhaps real errors in this record. In
his work he was ably helped by each OF
the other six distinguished judges, who
made him their spokesman and through
him expressed their unanimous deci-
sion. The opinion covers 225 pages OF
closely written manuscript and about
IS GOO words.
This is the announcement Of Judge
Mulkey: cit is not my intention to
offer q separate opinion as l should
have done. I desire to avail my
self of this occasion to say
that while [ concur in the ccnclu-
sions reached, and also in the
general views as entered in the opinion
fled, do not wish to be understood
as holding that the record is free from
error, for do not think it is. am,
nevertheless, of the opinion that none
of the errors complained of are OF such
g serious character as to require re-
versal of the judgment. In view OF the
defendants on trial, the great length OF
time consumed in the trial, the vast
amount of testimony offered and passed
upon by the court and the almost
numberless rulings the court was re-
quired to make, the WOnderment to me
is that the errors were not
more numerous and of more
serious character than they are. In
short, after having fully examined the
record and giving the questions arising
on it my very best thought, with an
earnest and conscientious desire to
faithfully discharge my whole duty, |
Cd rpoRhnH
Gates The law and does justice between
the people Of the State and the defend
ants, aud is fully warranted by law
and the evidence.
CHICAGO, September 14.-The Daily
News' Ottawa, Ills, special says: At
$50 this morning Justice Magruder be-
gan the announcement of the decision
IN the Anarchist case. Just before
opening court everyone seemed to have
feeling that something was going to
happen. Before the hour for the
converting of court, lawyers and
reporters seemed to have that
feeling, and conversed with each
other in subdUed tones; even
Barker, the janitor who has waited
upon every justice of the supreme court
that has sat on the bunch in Ottawa,
tiptoed around in the opening and dust
ing of the courtroom as if he were
afraid of breaking the deathly stiffness
that prevailed throughout the bull ing.
Deputy Smith fallered and his voice
trsmbled as he pronounced the "hesr
ye." As the justices filed into the court
room, head d by Chief Justice Sheldon,
they appeared more digniied than ever.
The chief justice waved his as
sociates to seats even more
10 ka
sheriff was more stiff, and
his 'open court less audible
than on previous days of the term.
Justice Magruder appeared flushed and
nervous as he entered the court room
the cause of which was evident few
minutes later when Chief Justice Shell
don turned TO him and in a voice which
would have been inaudible save for the
deathlv stiffness which pervaded the
room, said: Justice Magruder, have
you any announcements to make?"
The flushed appearance of the justice
changed to pallor and his voice was
husky as he said: In August Spies
and others against the people of the
State of Illinois, No. SO, advisement
docket" The chief justice nervously
turned the leaves of the docket to the case
indicated, when the justice read the de-
cision of the court in the Anarchist
case. As he commenced reading he
regained his composure. His voice was
clear and distinct until the order fixing
the death penalty and date of execu-
ton was reached, when his reading be-
came Iabored, his voice husky, and his
manner showed it was with great emo
ton that he performed the duty he had
been given to perform. Having per-
formed the decision of the court in the
most celebrated case it has been call d
upon to decide the justice, who made
the announcement at once, left the
bench and retired to his room. The
oral announcement was Judgment
affirmed"
CHICAGO, September 14.-The first
official information the Supreme Court
decision that reached the city was a
telegram from the court clerk at
Ottawa, to the States attorneys Office
here. saving: "The Anarchists case is
affirmed; execution November 11th."
Mr.. Purcell, of the States attorneys
office. ran to the jail with the news
Following on his heels was messenger
carving e dispatch for August Spies,